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09-14-82 SEPTEMBER 14, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Malcolm T. Bird in the Council Chambers at City Hall at 7:00 P.M., Tuesday, September 14, 1982. 1. Roll call showed: Present - Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Vice-Mayor Malcolm T. Bird Absent - Mayor Willard V. Young was absent due to illness. Also present were - City Manager Gordon Do Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Maurice Gaines, St. John's Primitive Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Blair moved for approval of the minutes of the Regular Meeting of August 24, 1982, seconded by Mr. Perry. Said motion passed unanimously. 5.a.1. Mr. Sam Portnay, High Point Section 6, congratulated Vice- Mayor Bird for being nominated in the recent election and wished him luck in November. 5.a.2. Mr. Dave Randolph, 105 N.W. llth Avenue, spoke on behalf of the Community Action Council (CAC). He advised that CAC will not re- ceive all the funds needed for its 1982-83 budget from the County and other fund sources. Presently, CAC is in need of an Assistant and a busdr~ver to transport children. They need $45,000 from the City and they ask that Council give them consideration when they start looking at Federal Revenue Sharing funds. Upon question by Mrs. Rita Schaken, Mr. Randolph explained that the CAC, which has been operating in Palm Beach County since 1965, is an agency designed to help the poor and the needy. 5.a.3o Ms. Rosetta Rolle advised that the Community Action Council programs cost $193,686 and they feel that $45,000 is a small amount to as~ for from the City. In the past Delray Beach has helped to set up programs such as the South Technical Center and the Catherine Strong Center. They feel that this has set a precedent and the City cannot turn them down for the $45,000 which is badly needed. 5.b.1. Vice-Mayor Bird noted that there is some citizen concern as to the prospective changes to the rates as suggested to Council by the agency which studied the Recreation Department. He has requested, and Council has concurred, that it be treated separately at a later time. He advised that no change to the current rates will occur as a result of tonight's meeting or the meeting in two weeks from tonight. Vice-Mayor Bird turned the chair over to Mr. Perry at this time. 5.b.2. Mr. Bird asked Council to consider adoption of Resolution No. 99-82, which provides for the selection of a Vice Mayor Pro Tempore. He explained that there is a possibility that before Mayor Young's return to Council, he (Mr. Bird) might have to step down. In order to provide an orderly transition, he recommends that this office be created to last from now until the next City Organizational meeting which will be held on the first Monday in April, 1983. It provides that there will always be a presiding officer anytime a quorum is present, which is not the case under the current City Charter. Council may want to discuss it as a potential Charter change for the future. The City Attorney has ad- vised h~m that this will tare care of the interim period. Mr. Bird presented Resolution No. 99-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE SELECTION OF A VICE MAYOR PRO TEMPORE TO SERVE IN THE ABSENCE OF BOTH THE MAYOR AND THE VICE MAYOR AND TO FILL ANY VACANCY CREATED IN THE OFFICE OF THE VICE MAYOR; PROVIDING FOR EXPIRATION OF THIS RESOLUTION. (Copy of Resolution No. 99-82 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 99-82 naming Mr. Leo A. Blair as Vice-Mayor Pro Tempore to serve from now until the first Monday of April, 1983, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Bird - Yes; Mr. Perry - Yes. Said motion passed with a 4 to 0 vote. Vice-Mayor Bird returned to the chair at this time. 5.c.1. There were no non-agenda items by the City Attorney. 5.d.1. The City Manager requested that Item 23 be entirely removed from tonight's agenda. 6. Mr. Perry moved for approval of the agenda, seconded by Mr. Jackel. Said motion passed unanimously. BUDGET CONSIDERATION 7. Tentatively levy a tax rate. Resolution No. 90-82 which tentatively levies a tax rate on all properties within the City is before Council for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this t~me regarding establishing the City's tentative millage for the 1982-83 fiscal year. The City Manager presented Resolution No. 90-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PRO- PERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COL- LECTIONS THEREUNDER. (Copy of Resolution No. 90-82 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager reported that the public hearing now open is limited only to the subject of the tentative millage rate. He ex- plained that the category they will be discussing initially tonight is the General Fund, which is the fund that pays for governmental kinds of services, including City Council, City Manager, Personnel, City Clerk, Finance, City Attorney, Police, Fire, Public Works, Development and Inspection, Parks and Recreation, funds, grants and some debt service. The ad valorem tax, paid by taxpayers of the City, goes into the General Fund exclusively. The tax rate only affects the expenditures which are in the General Fund. - 2 - 09/14/82 The City Manager further reported that the State Legislature has established strict regulations on the budgetary process of local governments. One of these, the TRIM Bill, sets forth this public hear- lng on the millage rate; half of the tax equation. The other half of the tax equation is in the appraisal process, which process is com- pletely separate from City government; they have absolutely no influence or authority over it whatsoever. The budget which is before Council would adopt a tax rate of 5.2922. This tax rate is down about 24% from last year for two reasons; first, 19% of the decrease is due to reas- sessments of existing City property. He noted that, by State law, the City cannot take advantage of increased assessments; anytime that the gross taxable value of the City properties go up, their tax rate is rolled back to compensate. The second reason the tax rate is lower than last year is because of the five cent sales tax. The City shares half of the fifth penny with other local governments in Palm Beach County and 17% of the total rollback is due to the fact that everyone who pays sales tax in this County is contributing a small amount to local govern- ments. He added that the 5.2922 millage rate is 1.7% below the legal rollback rate. This rate applied against the gross taxable value of the City of Delray Beach is expected to generate $6,690,029 for the coming fiscal year. He noted that the Police and Fire Departments will use all but $116,000 of that; Public Safety is, by and large, the function which is supported by property taxes. Vice-Mayor Bird advised that last year their tax rate was 5% over the rollback rate. At that time, he and Mr. Blair told the citi- zens that the City would be at or below rollback by budget time this year. He is very pleased that they were able to do it. He publicly thanked his colleagues who, in April of 1982, joined with them in that effort. The public hearing was closed. Mr. Perry moved for the adoption of Resolution No. 90-82, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 8. Tentatively making appropriations for the 1982-83 budget. Resolution No. 91-82, which makes tentative appropriations of sums of money for all necessary expenditures of the City for the period from October 1, 1982 to September 30, 1983, is before Council for considera- tion. Prior to consideration of passage of this resolution, a public nearing has been scheduled to be held at this time regarding the 1982-83 tentative budget and the Federal Revenue Sharing. The City Manager presented Resolution No. 91-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE lST DAY OF OCTOBER, 1982, TO THE 30TH DAY OF SEPTEMBER, 1983; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 91-82 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. - 3 - 09/14/82 The City Manager stated that, now more than ever, the budg- etary process of this City must be an ongoing process. They expect to come back with budgetary amendments to recognize changing economic conditions and also to recognize a number of studies and ongoing policy considerations. He added that budget administration is a team effort between the Administration, City Council and the public. The City Manager described the budgetary process which brought them to this point. In July he presented a budget to Council which included a line item analysis of what they expect to receive and spend in the next fiscal year. After the initial presentation and discussions, they went through a process of deleting a number of proposed expenditures; these were discussed at the budget workshop in late August. That came to a net change so that they were actually reducing their line item expendi- tures by $126,158 to increase their working capital fund. Tonight Council has been handed a sheet which would propose to do some addi- tional changing in the budget before its final adoption. The biggest change is to recognize the fact that the City has reached tentative agreement with the International Association of Firefighters. The funds to pay for that agreement are provided for in this budgetary revision and are included in the budget ordinance which is before Council. They have also made some minor adjustments. Upon the suggestion of the City Manager, Vice-Mayor Bird advised that this would be an appropriate time for input on Federal Revenue Sharing. Mr. Sam Schwimer, 1061 Orange Terrace, asked if any part of the Federal Revenue Sharing funds are to be used in connection with beach restoration. He also spoke in opposition of a water and sewer rate increase and in opposition of an increase in meter fees from 25¢ to 50¢, noting that the budget figures he saw do not support such an in- crease. Regarding parking permits, he suggested that Council either do away with them or allow permit holders to park in any metered space. Mr. Robert Stump, Coalition for Good Government, stated that they feel the Administration must take action to get its personnel, equipment and supply item costs under control. He presented the follow- lng suggestions: 1. a review and rewriting of all City job descriptions; 2. a review of the performance of every department manager to determine what he is doing to make his operation more cost effective; this could include: programs to improve employee morale and productivity, the elimination of unnecessary jobs, the establishment of inventory control procedures, and the establishment of the short and long range planning needs of each department; 3. a complete review of City equipment, vehicle needs and maintenance; 4. freeze the number of City employees and place funds budgeted for additional employees in a separate interest bearing bank account; 5. place funds budgeted for contingencies and/ or capital reserves in a separate interest bearing bank account. 6. curtail the use of outside consulting firms. Mr. Stump concluded by commending City Council on the pro- posals to turn over the collection of trash and garbage and the cleanup of the beach to private contractors; and the ongoing study to review the policy regarding the assignment of City vehicles to City employees. Mr. Harry Lippert, Florence Fuller Child Development Center, advised that they have four child care and three family day care centers · n Delray Beach serving 168 children, and he gave an outline of their funding sources and budget. He stated that they have a serious shortage in funding and are requesting $10,859 from the City, which amount they need in order to keep this program going in Delray Beach. He hopes they will be given serious consideration. Mr. Lippert further advised that a Cuban/Haitian Grant has been set up by the Federal Government for Palm Beach County. Their Center was asked to submit a proposal for child care in Delray Beach. They did a study on the situation, submitted a proposal on September 3rd and were told they would be notified in a day or two regarding the take over and administration of the program. This program will be at no cost to the City of Delray Beach. - 4- 09/14/82 Mr. Alfred Straghn, 26 S.W. 5th Avenue, urged the Admini- stration to look very closely at the child care program and find the money needed. He stressed that the mothers of those children have to go to work and need these day care centers. Mrs. Elizabeth Matthews, 1024 White Drive, stated that there has been no improvement since last year as to the problem of ineffi- ciency among City employees on the street. She advised that she re- quested Item 23, regarding $50,000 for the City Marina, be removed from the agenda and she feels Council should undertake a study of its priori- ties. She added that the Internal Audit Committee report said that Delray Beach's per capita expenses are the highest in the State. Mr. Terry Sullivan, 1700 Dover Road, pointed out that there has been no mention as to why Delray Beach has about 150 more employees than Boynton Beach. He hopes that will be addressed by Council before they pass this budget. Mary Banting, stated that originally in Tropic Isle their taxes were about $700, last year they nearly doubled and now they have received notice that their taxes will be more than doubled, if the budget is approved. She added that in the 40 years she's lived here, Delray Beach has always kept the taxes down, but that has changed over the last five years or so. The public hearing was closed. Mr. Perry moved for the adoption of Resolution No. 91-82, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Jackel advised that he will vote for the budget because he wants a budget in place by October lst; but starting October 1st he will make recommendations to Council to take whatever action is neces- sary to revise this budget downward. Mr. Blair added that although they are approving the budget tonight, they are not going to live by the figures in it. They intend to make many changes throughout the year. The City Manager noted that when they opened the public hearing on the tentative budget, they opened the floor for comments on Federal Revenue Sharing. He advised that the Federal Revenue Sharing hearing is, by Federal law, a separate matter; however, there is nothing wrong with taking the testimony together as the two are closely related. The public hearing was reopened. The City Manager reported that, as indicated on Page 2 of the resolution before them, the Federal Revenue Sharing entitlement they expect to receive in cash in the coming year is $378,000; they currently have an unappropriated surplus of $106,000 for a total of $484,000 available. Of this amount $481,880 is allocated for Public Safety and the balance, $2,120, for General Government. The reason that the rec- ommendation is made to use Federal Revenue Sharing in this manner is that the other alternatives available, primarily the use of the funds for capital outlay, due to federal requirements having to do with pre- vailing wages, accounting procedures and other contractual regulations, simply increase the cost of capital outlay when they are using federal funds as compared to local funds. Therefore, in order to get the maxi- mum value for these dollars, they are recommending continuation of the former policy of using them for salaries which is the most cost effec- tive way to expend these monies. The public hearing was closed. At this point the roll was called to the motion. - 5 - 09/14/82 9. Ordinance No. 69-82 - Lev¥in~ a Tax Rate. Ordinance No. 69-82, levying a tax on all properties within the City, is before Coun- cil for consIderation on First Reading. If passed, Public Hearing will be held on September 28th. The City Manager presented Ordinance No. 69-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 69-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Sa~d motion passed with a 4 to 0 vote. 10. Ordinance No. 70-82 - Making Appropriations for the Budget. Ordinance No. 70-82, making appropriations of sums of money for all necessary expenditures of the City from October 1, 1982 to September 30, 1983, is before Council for consideration on First Reading. If passed, Public Hearing will be on September 28th. The City Manager presented Ordinance No. 70-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTO- BER, 1982, TO THE 30TH DAY OF SEPTEMBER, 1983; TO PRE- SCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY. The City Attorney read the caption of the ordinance. Mr. Blair moved for adoption of Ordinance No. 70-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARING 11. Ordinance No. 53-82 - Amending Code - Water and Sewers. Ordinance No. 53-82, amending Chapter 29 "Water and Sewers" of the Code of Ordinances to amend the definition of residential dwelling units, is Defore Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 53-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 29-18(a)(1), "RATES", TO AMEND THE DEFINITION OF RESIDENTIAL D~LLING UNITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-82 is on file in the official Ordinance Book) - 6 - 09/14/82 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 53-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 12. Ordinance No. 54-82 - Amending Code - Water and Sewers. Ordinance No. 54-82, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to water service rates based on certain customer, capacity and commodity charges, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 54-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", ARTICLE II, "WATER SERVICE", DIVISION 1, "GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-18, "RATES", TO PROVIDE FOR WATER SERVICE RATES, FOR BOTH RESIDENTIAL AND NON- RESIDENTIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN CUSTOMER CAPACITY AND COMMODITY CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 54-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 54-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; V~ce-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 13. Ordinance No. 55-82 - Amendin~ Code - Water and Sewers. Ordinance No. 55-82, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to rates and charges for sewage on certain cus- tomer, capacity and commodity charges, is before Council for considera- tion on Second and FINAL Reading. Prior to consideration of passage of tn~s ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 55-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", ARTICLE III, "SEWERS AND SEWAGE DISPOSAL", DIVISION 1, "GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-63 "SERVICE RATES AND CHARGES IMPOSED", BY AMENDING SUBSECTIONS 29-63(a), "RESIDENTIAL DWELLING UNITS", AND 29-63(b), "NONRESIDENTIAL/COMMERCIAL UNITS", TO PROVIDE FOR RATES AND CHARGES TO BE COLLECTED FROM USERS, BOTH INSIDE AND OUTSIDE THE CITY, OF THE CITY'S SEWERAGE SYSTEM, BASED ON CERTAIN CUSTOMER, CAPACITY AND COMMODITY CHARGES FOR RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL UNITS; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 55-82 is on file in the official Ordinance Book) - 7 - 09/14/82 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Blair moved for the adoption of Ordinance No. 55-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Jackel questioned the effective date of April 1, 1982 as shown on the agenda. The City Manager clarified that that effective date applies to Item 11. The effective date for the ordinance before them is October 1st. At this point the roll was called to the motion. 14. Ordinance No. 56-82 - Amending Code - Dockage at City Marina. Ordinance No. 56-82, amending Chapter 8 "Boats and Boating" of the Code of Ordinances relative to rates and charges for dockage at the City Marina, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 56-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS AND BOATING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8-43 "DOCKAGE RATES", PRO- VIDING FOR RATES AND CHARGES FOR DOCKAGE AT THE CITY MARINA; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 56-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 56-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 15. Ordinance No. 57-82 - Amending Code - Utilities Tax. Ordinance No. 57-82, amending Chapter 25 "Taxation" of the Code of Ordinances relative to a 7.5 percent utilities tax, effective date January 1, 1983, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 57-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25, "TAXATION", ARTICLE III, "UTILITY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 25.23 "LEVIED; PURCHASER TO PAY", TO PROVIDE FOR A 7.5 PERCENT UTILITY TAX TO BE LEVIED UPON AND COLLECTED FROM USERS OF CERTAIN ENUMERATED UTILITY SERVICES, INCLUDING ELEC- TRICITY, METERED AND BOTTLED GAS, AND LOCAL TELEPHONE SERVICE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 57-82 is on file in the official Ordinance Book) - 8 - 09/14/82 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 57-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 16. Ordinance No. 58-82 - Amending Code - Cemetery. Ordinance N~. 58-82, amending Chapter 10.5 "Cemeteries" of the Code of Ordinances relative to rates and charges, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 58-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10.5 "CEMETERIES", ARTICLE II, "RULES AND REGULATIONS GOVERNING DELRA¥ BEACH CEMETERY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING DIVISION 2, "PLOT OWNERSHIP AND MAINTENANCE", BY REPEALING SECTION 10.5-42 "PLOT PRICES", AND ENACTING A NEW SECTION 10.5-42 "PLOT PRICES", TO PROVIDE FOR RATES AND CHARGES TO BE COLLECTED FOR INFANT PLOTS AND ADULT PLOTS FOR RESIDENTS AND NON RESIDENTS; BY AMENDING DIVISION 3, "INTERMENT, DISINTER- MENT AND REMOVAL", BY AMENDING SECTION 10.5-66 "SERVICE CHARGES", TO PROVIDE FOR RATES AND CHARGES TO BE COL- LECTED FOR INTERMENT AND DISINTERMENT FOR RESIDENTS AND NONRESIDENTS, FOR SURCHARGES COLLECTED FOR SATURDAY AND HOLIDAY WORK, AND FOR PAYMENT OF CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 58-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Blair moved for the adoption of Ordinance No. 58-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 17. Ordinance No. 60-82 - Amending Code - Yard Service Trash Fee. Ordinance No. 60-82, Amending Chapter 12 "Garbage and Trash" to repeal the provision exempting commercial landscaping or lawn maintenance businesses from paying the disposal fee for trash generated by their activities, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 60-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-2, "VIOLATIONS, PENALTIES", TO DELETE THE PROVISIONS REGARD- ING PENALTIES FOR FALSIFIED STATEMENTS, AND TO RELETTER SUBSECTION (c); BY AMENDING SECTION 12-21, "RESPONSIBIL- ITY FOR TRASH COLLECTION", TO REPEAL THE PROVISION EX- EMPTING COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSI- NESSES FROM PAYING THE DISPOSAL FEE FOR TRASH GENERATED BY THEIR ACTIVITIES; BY AMENDING SECTION 12-22, "FEES FOR USE OF CITY TRANSFER STATION", TO ELIMINATE THE REFERENCE TO SECTION 12-21; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 9 - 09/14/82 (Copy of Ordinance No. 60-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Perry moved for the adoption of Ordinance No. 60-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 18. Ordinance No. 61-82 - Amending Code - Flood Insurance. Ordinance No. 61-82, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances by adopting the flood insurance study and the flood insurance rate map revised and effective September 30, 1982, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 61-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE XII, "FLOOD HAZARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADOPTING THE FLOOD INSURANCE STUDY FOR THE CITY OF DELRAY BEACH, FLORIDA, DATED MARCH 31, 1982, AND THE FLOOD INSURANCE RATE MAP, REVISED AND EFFECTIVE SEPTEMBER 30, 1982; BY AMENDING SECTION 9-416, "DEFINITIONS", TO DELETE THE DEFINITION OF "HABITABLE FLOOR" AND TO ADD THE DEFI- NITIONS OF "FLOOR" AND "COASTAL HIGH HAZARD AREA"; BY AMENDING SECTION 9-421, "BASIS FOR ESTABLISHING AREAS OF SPECIAL HAZARD", TO SHOW THE ADOPTION OF THE FLOOD IN- SURANCE RATE MAP AS REVISED AND EFFECTIVE SEPTEMBER 30, 1982; BY AMENDING SECTION 9-435 "DUTIES OF OFFICIAL", TO ADD NEW SUBPARAGRAPH (k) REQUIRING CERTIFICATIONS IN COASTAL HIGH HAZARD AREAS AND A NEW SUBPARAGRAPH (1) TO REQUIRE PLANS FOR ADEQUACY OF BREAKAWAY WALLS IN COASTAL HIGH HAZARD AREAS; BY AMENDING SECTION 9-449, "SPECIFIC STANDARDS", TO ADD SPECIFIC REQUIREMENTS AND STANDARDS FOR COASTAL HIGH HAZARD AREAS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 61-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager advised that Council has been provided with a revised page 2 of the ordinance. The public hearing was closed. Mr. Blair moved for the adoption of Ordinance No. 61-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: - 10 - 09/14/82 19. Developers Utility Service Agreement - Villas of Rainberry Lake (Phase IV-B). Council is to consider approval of an agreement between the City and Centex Homes of Florida, Inc. for water and sewer service. The sum of $600 to cover 6 units at $100 per unit ($62.50 for sewer and $37.50 for water) will be paid to the City at a time indicated in the agreement. It is recommended that Council approve execution of the agreement. 20. Developers Utility Service Agreement - Lots 1, 2, 3, 4 - Breezy Acres. Council is to consider approval of an agreement between the City and Boca Raton Yacht & Tennis Club, Inc. for sewer service to the southeast corner of Markland Lane and West Atlantic Avenue. The sum of $2121.88 to cover 3.395 acres at $625 per acre will be paid to the City at a time indicated in the agreement. It is recommended that Council approve execution of the agreement. 21. Sewer Rate Changes - Highland Beach. It is recommended that Council authorize the Administration to inform Highland Beach of sewer rate changes to be effective October 1, 1982 in accordance with the contract. 22. Force Main 50. Council is to consider approval of Change Order No. 1 increasing the contract price by H&H Engineering, Inc. in the amount of $29,965.01 for a total net contract price of $671,489.61 with funds to come from the 1979 Water and Sewer Bond Issue. This change order involves field changes required due to conflicts with existing utilities and additional restoration. Approval is recommended. 24. Contract between the City and International Association of Firefl~hters. It is recommended that Council authorize execution of the contract from October 1, 1982 to September 30, 1983. 25. Final Plat Approval - Dumar Plaza. Council is to consider approval of the final plat for Dumar Plaza, located east of Federal Highway between Avenue H and Avenue J, Del Raton Park. The Planning & Zoning Board recommended approval by a vote of 7 to 0. 26. Approval of Construction of Seawall on Lot 349, Tropic Isle. Resolution No. 92-82, approving construction of a seawall to halt ero- sion, is before Council for consideration. This approval is required prior to submission of application to the U.S. Army Corps of Engineers. The caption of Resolution No. 92-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OF APPROVAL FOR CONSTRUCTION OF A SEAWALL ON LOT 349, TROPIC ISLE, 3RD SECTION, CITY OF DELRAY BEACH, AS RECORDED IN PLAT BOOK 25, PAGE 37, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 92-82 is on file in the official Resolution Book) 27. Rezonin~ Request - Northeast corner of Congress Avenue and Atlantic Avenue (Exxon Corporation, applicant). Resolution No. 93-82, requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from IL (Light Industrial)(County) to GC (General Commercial) (City), is before Council for consideration. The Planning & Zoning Board recommended approval by a vote of 7 to 0. The caption of Resolution No. 93-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION IL (LIGHT INDUSTRIAL) TO THE CITY'S ZONING CLASSIFICATION GC (GENERAL COMMERCIAL) DISTRICT. (Copy of Resolution No. 93-82 is on file in the official Resolution Book) - 11 - 09/14/82 28. Nuisance Abatement. Resolution No. 94-82, assessing costs for abating nuisances in accordance with Section 13-12 and 13-13 on two parcels located at 302-310 S.W. 5th Avenue, is before Council for con- sideration. Approval is recommended. The caption of Resolution No. 94-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 94-82 is on file in the official Resolution Book) 29. Replacement of Lift Station No. 8 Discharge Piping. Resolu- tion No. 95-82, authorizing the award of a contract to furnish all labor, material and equipment for the replacement of Lift Station No. 8 PVC discharge piping to the low bidder, United Steel Erectors, in the amount of $2,964, with funds to come from the Public Utilities Sewer System Division of the 1981-82 Revised Budget, is before Council for consideration. Approval is recommended. The caption of Resolution No. 95-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR REPLACEMENT OF THE LIFT STATION NO. 8 DISCHARGE PIPING; PROVIDING FOR THE FUNDING OF THIS CONTRACT. (Copy of Resolution No. 95-82 is on file in the official Resolution Book) 30. Manhole Replacement - Country Manors. Resolution No. 97-82, authorizing the award of a contract for the replacement of a manhole in Country Manors (Country Manors Boulevard and Sandpiper Circle) to the low bidder, Lyons & Martin Construction Company, Inc. in the amount of $2,750, with funds to come from the Public Utilities Sewer System Divi- sion of the 1981-82 Revised Budget, is before Council for consideration. Approval is recommended. The caption of Resolution No. 97-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE REPLACEMENT OF A MANHOLE IN COUNTRY MANORS (COUNTRY MANORS BOULEVARD AND SANDPIPER CIRCLE); PROVIDING FOR THE FUNDING OF THIS CONTRACT. (Copy of Resolution No. 97-82 is on file in the official Resolution Book) 31. Manhole Replacement - Pines of Delray. Resolution No. 98-82, authorizing the award of a contract for the replacement of a manhole in Pines of Delray (Silver Oak Terrace and S.W. 10th Court) to the low bidder, Lyons & Martin Construction Company, Inc. in the amount of $3,500, with funds to come from the Public Utilities Sewer System Division of the 1981-82 Revised Budget, is before Council for considera- tion. Approval is recommended. - 12 - 09/14/82 The caption of Resolution No. 98-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE REPLACEMENT OF A MANHOLE IN PINES OF DELRAY (SILVER OAK TERRACE AND S.W. 10TH COURT); PROVIDING FOR THE FUNDING OF THIS CONTRACT. (Copy of Resolution No. 98-82 is on file in the official Resolution Book) Mr. Blair moved for approval of the Consent Agenda with the exception of Item 23, seconded by Mr. Jackel. Said motion passed unani- mously. REGULAR AGENDA 32. Paving of S.W. 4th Avenue north of Southridge Boulevard. Council is to consider a request for financial participation in the amount of approximately $4,000 for paving S.W. 4th Avenue within the City limits from Southridge Boulevard north to the existing pavement. Mr. Perry moved to approve the City's financial partici- pation in this project, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, the City Manager advised that a number of property owners adjoining this street, which is primarily through a County pocket, approached the County and received County participation in paving this road. A small portion of this road runs through the incorporated limits of the City and it is recommended that City Council approve the $4,000 financial participation by the City. The entire cost of the project is about $72,000 and Delray Beach will benefit greatly from it. At this point the roll was called to the motion. 33. Retention of Outside Legal Counsel regarding Deborah A. Atkins vs. City of Delray Beach. Council is to consider authorizing retention of the firm of Seyfarth, Shaw, Fairweather and Geraldson as co-counsel with the City Attorney's office relative to conducting the defense of the Deborah A. Atkins vs. City of Delray Beach lawsuit. The City Attorney explained that at the time they retained this firm as their labor consultants, it was stated that for any speci- fIc litigation matters in which the City would use their services, they would come back to Council for specific authorization for that purpose. That is the reason it is on the agenda tonight. He added that their maximum hourly rate is $110.00. Mr. Blair moved to approve the retention of outside legal counsel, seconded by Mr. Perry. Said motion passed unanimously. 34. Funding for Beach Erosion Control Project. Resolution No. 96-82, approving a Supplemental Intergovernmental Agreement between the City and Palm Beach County for beach erosion control project funds, is before Council for consideration. The City Manager presented Resolution No. 96-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A SUPPLEMENTAL INTERGOVERN- MENTAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR BEACH EROSION CONTROL PROJECT FUNDS TO THE CITY FOR AN ADDITIONAL TEN (10) YEARS, AND INCREASING THE AMOUNT OF FUNDING TO $200,000 PER YEAR, SUBJECT TO YEARLY BUDGETING BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA. - 13 - 09/14/82 (Copy of Resolution No. 96-82 is on file in the official Resolution Book) The City Attorney reported that the County's newest proposal incorporates the provisions the City wished to place in the agreement concerning resident parking; however, they have asked to have another provision added which would extend other covenants of the original agreement regarding access to the beach. The covenant agreed to previ- ously would expire September 30, 1982; the new agreement is a ten-year agreement which would expire September 30, 1992. The County wishes to have that particular covenant extend 89 years beyond the date the City is to receive funding under the agreement. All of the funding is not guaranteed; it is subject to budget every fiscal year. The City Attor- ney stated that it is his recommendation that if the covenant regarding equal access to the beach to all members of the public is acceptable, then it should go no longer than the date they are to stop getting the funds. V~ce-Mayor Bird suggested that they insert some wording in the agreement specifying not only the funding requirement but the level of funding. Upon question by Mrs. Alice Finst, the Vice-Mayor advised that the County has proposed to give the City $200,000 maximum a year during the ten year life of the agreement; however there is no require- ment that they give anything. In return, the County would like a 99 year lease. Mr. Perry moved to approve Resolution No. 96-82 to approve of the form of the proposed Supplemental Agreement with the understand- lng that Paragraph 5 will be modified to reflect that the covenant will terminate on the termination date of the agreement and further that the City will only agree to be bound by that covenant in those fiscal years in which the County provided substantially the amount of funding up to the $200,000 amount, seconded by Mr. Jackel. Council discussion was had as to the definition of "substan- tial''. Mr. Perry amended the motion to provide that the maximum annual rate of $200,000 is appropriated by the County, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 35. Ordinance No. 47-82 - Zoning Ordinance Amendment - Scrap Metal Recycling. Ordinance No. 47-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to scrap metal recycling, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 28th. The City Manager presented Ordinance No. 47-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-14 "LI (LIGHT INDUS- TRIAL) DISTRICT" (B) "PERMITTED USES" TO ALLOW SCRAP METAL RECYCLING; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 47-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes.' Said motion passed with a 4 to 0 vote. 36. Ordinance No. 48-82 - Zoning Ordinance Amendment - Control over Development of Commercial Zoning Districts. Ordinance No. 48-82, amending Chapter 30 "Zoning" of the Code of Ordinances that all develop- ments whose total floor area exceeds 5,000 square feet shall be subject to site and development plan approval, is before Council for considera- tion on First Reading. The Planning and Zoning Board recommended ap- proval b a 7 to 0 vote. If passed, Public Hearing will be held Sep- ember 2~th. - 14 - 09/14/82 The City Manager presented Ordinance No. 48-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-11 GC (GENERAL COMMERCIAL) DISTRICT (B) "PERMITTED USES"; SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT (B) "PERMITTED USES" AND SECTION 30-13.1 LC (LIMITED COMMERCIAL) DISTRICT (B) "PERMITTED USES" BY ADDING THE PHRASE "ALL DEVELOPMENTS WHOSE TOTAL FLOOR AREA EXCEEDS 5,000 SQUARE FEET SHALL BE SUBJECT TO SECTION 30-22 SITE AND DEVELOPMENT PLAN APPROVAL"; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 48-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 37. Ordinance No. 71-82 - Zoning Ordinance Amendment - Pawn Shops. Ordinance No. 71-82, amending Chapter 30 "Zoning" of the Code of Ordi- nances relative to pawn shops, is before Council for consideration on First Reading. This was approved by the Planning & Zoning Board by a vote of 4 to 1 (Wallin dissenting). The City Manager presented Ordinance No. 71-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-11 GC (GENERAL COMMERCIAL) DISTRICT (C) "CONDITIONAL USES" AND SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT (C) "CONDITIONAL USES" TO ALLOW PAWN SHOPS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The C~ty Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 71-82 on First Reading, seconded by Mr. Jackel. Upon question by Vice-Mayor Bird, the City Attorney advised that pawn shops are only allowed in County pockets. Mr. Perry asked why they are considering permitting pawn shops in the City at this time. Mr. Doak Campbell, Planning and Zoning Board, stated that this is not going in as a permitted use but as a conditional use. He explalned that one person wanted to put in a pawn shop. It was pointed out to them that several locations exist within the City where this type of activity is going on at this time; one that was mentioned operates under the guise of an antique shop on Federal Highway. Vice-Mayor Bird asked if they should stipulate what the requirements are for security before they approve this. Upon question by Mr. Perry, the City Attorney advised that at this time pawn shops operating in the City are non-conforming uses. The City Manager advised that pawn shops, licensed and operated properly, are under State jurisdiction and are likely to have a good liaison with the Police Department. Vice-Mayor Bird stated that he would like to have more input from the Police Department before they adopt this ordinance. The motion and second were withdrawn. Mr. Blair moved to table this ordinance, return it to the Planning and Zoning Board and bring it back to Council when they have additional information, seconded by Mr. Jackel. Said motion passed unanimously. - 15 - 09/14/82 38. Ordinance No. 72-82 - Zonin~ Ordinance Amendment - Non-con- forming Uses of Structures and Land. Ordinance No. 72-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to exempting recreational facilities of multiple family resort/residential develop- ments from the restrictions which apply to non-conforming uses and structures, is before Council for consideration on First Reading. The Planning and Zoning Board recommended approval by a 7 to 0 vote. The City Manager presented Ordinance No. 72-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-24 (E)(1) AND (4) NON-CONFORMING USES OF STRUCTURES AND LAND TO EXEMPT ATTENDANT RECREATIONAL FACILITIES OF MULTIPLE FAMILY RESORT/RESIDENTIAL DEVELOP- MENTS FROM THE RESTRICTIONS WHICH APPLY TO NON-CONFORMING USES AND STRUCTURES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 72-82 on First Reading, seconded by Mr. Blair. Mrs. Elizabeth Matthews stated she has discussed this with the Planning and Zoning Board Chairman and a member of the Board. What they are asking Council to do is take a time-sharing unit and make it non-conforming; they are asking to greatly increase the non-conformance of a single family lot adjacent to other single family property. She would ask that this item be referred to workshop and she would be happy to discuss it with Council at that time. The motion and second were withdrawn. Mr. Perry moved to table this and to refer it to workshop, seconded by Mr. Jackel. Said motion passed unanimously. 39. Ordinance No. 73-82 - Weisman Annexation. Ordinance No. 73-82, relative to annexing a parcel of land located north of West Atlantic Avenue between Hamlet Drive if extended north and Homewood Boulevard if extended north, subject to GC (General Commercial) zoning district, is before Council for consideration on First Reading. This was approved by the Planning and Zoning Board by a vote of 7 to 0. If passed, Public Hearing will be held October 12th. The City Manager presented Ordinance No. 73-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 73-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. Before roll call, upon question from the audience, Mr. Doak Campbell explained that this is an existing strip center in a County pocket. If they rezone this, they can attract the owner into the City and have greater control over future uses in the area. If they do not rezone it, it will remain a County pocket beyond their jurisdiction. At this point the roll was called to the motion. - 16 - 09/14/82 40. Contract for Beach Cleaning Services. Council is to con- sider ratification of a contract for beach cleaning services for the demonstration period from September 13th through September 28th with Universal Beach Services. Approval is recommended. Mr. Perry moved to ratify the contract for beach cleaning services, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, the City Manager advised that this is a 16 day trial period and he encouraged Council members to visit the beach over the next two weeks in order to help evaluate it. Mr. Blair added that he was pleased to see what they have accomplished so far. At this point the roll was called to the motion. The City Manager reminded Council that there is a workshop meeting tomorrow afternoon at 4:00 P.M. on the subject of water. Vice-Mayor Bird declared the meeting adjourned at 9:05 P.M. City Clerk ATTEST: MAYOR The undersigned is the Ci~ Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of September 14, 1982, which minutes were formally approved and adopted by the City Council on ~--~x~. ~~F~ NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 17 - 09/14/82